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News & Analysis

Sheriff’s Expenses — The Requirement to Obtain Prior Sanction of the Court or the Sheriff

04 August 2022 by Shearn Delamore & Co - Rajasingam Gothandapani, Lynnette Tan Hui Ling

A case note by Rajasingam Gothandapani and Lynnette Tan Hui Ling.

News & Analysis

Update on the Registration Obligation of Private Electronic System Organizers

28 July 2022 by Makarim & Taira S - Indonesia

Under Government Regulation 71 of 2019 on the Implementation of Electronic Systems and Transactions, Electronic System Organizers (“ESO”) are required to be registered with the Ministry of Communication and Informatics (“MOCI”). In addition, under MOCI Regulation 5 of 2020 (as amended by MOCI Regulation 10 of 2021), this registration obligation must be complied with within 6 months of OSS-RBA licensing coming into effect.

News & Analysis

Should Hong Kong businesses be resetting their integrity agenda?

25 July 2022 by LC Lawyers

COVID-19 disrupted businesses globally and impacted the way they operate, with knock on effects on employees, counterparties and customers. Amid the turmoil, new opportunities and challenges emerged, some posing difficult ethical dilemmas affecting future viability and success of businesses. These factors created a perfect storm for misconduct. Two plus years on, we are starting to see its impact on businesses and their personnel.

News & Analysis

Regulation on The Taxation of Financial Technology Implementation Services

13 July 2022 by Makarim & Taira S - Indonesia

In order to provide clarity regarding the tax obligations of financial technology providers and users in Indonesia, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 69/PMK.03/2022 on the Income Tax and Value Added Tax on the Organization of Financial Technology (“MOF Reg 69/2022”) on 30 March 2022, which came into force on 1 May 2022. This regulation mainly covers Income Tax on Peer-to-Peer and Value Added Tax on financial technology service transactions.

News & Analysis

Opposition Proceedings under the Patents (Amendment) Act 2022

11 July 2022 by Shearn Delamore & Co

In this article, Pravind Chandra looks at the new section 55A of the Patents (Amendment) Act 2022.

News & Analysis

Long Service Payment and Severance Payment in Hong Kong - Abolishment of Offsetting Arrangement

05 July 2022 by LC Lawyers

The Government passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 on 9 June 2022 to abolish the use of the accrued benefits of employers' mandatory contributions under the Mandatory Provident Fund (“MPF”) System to offset severance payment (“SP”) and long service payment (“LSP”). While this development is welcome by employees, certain preparation should be made by Hong Kong employers especially for those whose workforce experiences low turnover.

News & Analysis

Revised Hong Kong listing regime for overseas issuers

04 July 2022 by LC Lawyers

A revised listing regime for overseas issuers on the Stock Exchange of Hong Kong (SEHK) took effect following consultation on 1 January 2022.

News & Analysis

ESG Series – Green and Sustainable Finance Grant Scheme of Hong Kong

01 July 2022 by LC Lawyers

It has been one year since the launch of the Green and Sustainable Finance Grant Scheme (Scheme) in May 2021. The Hong Kong Monetary Authority (HKMA) announced in its Quarterly Bulletin of March 2022 that more than 60 debt instruments had been approved under the Scheme. This article summarizes the core elements of the Scheme and provides tips for applications.

News & Analysis

ESG Series – External reviews on sustainable bonds and loans

30 June 2022 by LC Lawyers

The principles on sustainable bonds (ICMA Bond Principles) formulated by the International Capital Market Association (ICMA) are widely applied in Hong Kong listed bonds, as discussed in our previous articles. External reviews play an important part in green, social and sustainability-lined bonds/loans, and the author will summarize the common types of external reviews here.

News & Analysis

ESG Series – International Capital Market Association: Principles on Sustainable Finance Instruments - Applications in Hong Kong listed bonds

29 June 2022 by LC Lawyers

As of 10 May 2022, the Hong Kong Stock Exchange included 94 bonds in its “Sustainable Finance Products” bond repository , out of which 79 issuances are categorized as green bonds. The other categories are 2 social, 1 sustainability, 3 sustainability-linked, 2 blue, 6 transition and 1 COVID-19 bonds.